Your Miranda Rights
What the Miranda Rights Say
The exact wording of the "Miranda Rights" statement is not specified in the Supreme Court's historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning.
Here are paraphrased examples of the basic "Miranda Rights" statements, along with related excerpts from the Supreme Court's decision.
1. You have the right to remain silent.
The Court: "At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent."
2. Anything you say can be used against you in a court of law.
The Court: "The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court."
3. You have the right to have an attorney present now and during any future questioning.
The Court: "...the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today. ... [Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today."
4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish.
The Court: "In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one.
The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer...
"If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent."
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